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Controversial Children's Act takes effect today

South Africa's Parliament

Parliament has released the number of seats held by political parties after floor crossing

July 01, 2007, 19:00

The Children's Act has come into effect today, giving children from the age of 12, among others, the right to access medical services such as HIV treatment and contraception without parental consent.

Approved by the President, these sections of the act do not require regulations before being released. Only sections that do not require regulations are enforced. They include the right for children from age 12 to get HIV treatment and contraception without consent. Twelve-year-olds can also have pregnancies terminated if they wish.

Musa Mbere, from the department of social development, says: "The reason behind that is to make sure that our law is aligned in terms of age, when children can access contraceptives. Children become sexually active at an early stage. It's a reality that we're dealing with. Secondly, children are abused at a very young age."

Younger age for sexual activity
Concern has been raised that the act might promote sexual activity at a young age. Joan van Niekerk, the national coordinator of Childline, says: "Certainly, one would question the advisability of giving children access to contraception from a very young age. But the reality is… that the age at which children become sexually active is getting younger and younger."

Under 16s may not be tested for virginity or be circumcised, unless required by tradition or religion. A child is now regarded as an adult at 18, and no longer 21. This means 18-year-olds can now get into contractual agreements without parental consent. The section dealing with corporal punishment requires regulations and the act should be complete by March next year.

Click here to send this article to a friend     Click here for a printable version of this article     Video report on the Children's Act    
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